Full Judgment
Writ Petition No.15717/2013 18.09.2013 Shri P.D.Gupta, learned counsel for the petitioneRs.He is heard on the question of admission.
The petitioners have filed this petition under Article 226 of the Constitution of India for issuing appropriate writ for the following reliefs:- I.
Hold that the action of the respondents in raising construction over the land kh.
No.68 is in violation of the provisions of the M.P.Land Revenue Code and infringes the rights of the petitioners conferred under part III of the Constitution, II.
Direct the respondents to not to raise any type of construction over kh.
No.68 and not to create any type of obstruction or restriction in free exercise of nistar right by issuing appropriate writ or order as may be considered fit, III.Grant such other relief as may be thought fit in the facts and circumstances of the case, After taking me through the papers placed on record, petitioneRs.counsel apprised me that the respondent No.3 is going to construct the building of Aganwadi on the part of land of cremation/burial ground of the village recorded in the revenue record as land of cremation/burier ground, so it being part of Nistar land, no construction could be carried out either by respondent No.3 or at its instance by any other person.
In continuation he said that before filing this petition, he raised his objection before the CEO of respondent no.3 as well as before respondent no.2 and copy of the same is annexed with this petition as Annexure P-5 and prayed to admit and allow this petition for the relief as prayed by him.
Having heard at length, keeping in view his arguments, I have carefully gone through the petition.
In the available circumstances, the rights of the petitioneRs.villagers of the same village are going to be affected by the aforesaid construction, hence this petition is entertained but instead to admit or issuing any notice at this stage to the other side, so also without expressing any opinion on merits of the matter, this petition is disposed of with a direction to the authorities of respondent Nos.2 and 3 to consider and decide the aforesaid representation of the petitioneRs.(Annexure P-5) with speaking order taking into consideration the rules and regulations regarding Nistar with speaking order under intimation to the petitioners within 45 days from the date of submitting the certified copy of this order alongwith copy of the petition and Annexures in the office of respondent Nos.2 and 3.
The petitioners are directed to submit the aforesaid papers in the office of respondent Nos.2 and 3.
within ten days from today.
The said authorities are further directed that till passing the order on the aforesaid representation, no further construction of the Agwanwadi building in the alleged survey No.68 of the village be carried out an maintain the status quao in that regard.
C c as per rules.
(U.C.Maheshwari) Judge bks